Deno vs Oracle: Who Really Owns JavaScript?

JavaScript, our beloved language, the beating heart of the web, with powerful frameworks, a large community, it’s everywhere, all-powerful, powering everything from sleek frontends to backend servers. But what if I told you that JavaScript, the beloved, isn’t free?

Recently, just while the dust from the World Browser War was settling, the tech world was thrown into yet another controversy, pitting Deno, a modern runtime for JavaScript and TypeScript, against Oracle, a corporate giant better known for its databases than its contributions to web development.

The lawsuit seems strange at first glance. How did Oracle, a company with no active hand in JavaScript’s growth, become a gatekeeper for the web's most iconic language? To answer that, we need to go back to 1995, when Netscape was desperate to dominate the early web. They needed a scripting language for their browser, and they needed it fast. Netscape asked Brendan Eich to create a language for their browser.

In just 10 days, JavaScript was born, initially named Mocha, then LiveScript, and finally JavaScript.

The name itself was a marketing ploy, tying it to the then-popular Java. It worked; developers flocked to the language, and it became a cornerstone of web development.

Fast forward, and in a corporate twist, the name “JavaScript” became an asset of Sun Microsystems—and later, Oracle, when they acquired Sun Microsystems.

But here's the issue: Oracle has done little to actively use or develop the language, causing outrage among developers. Deno’s legal challenge, filed in 2024, is the latest chapter in a saga filled with frustration and a deeper question: Who really owns the tools that shape our digital world?

And as we know it, this lawsuit isn’t just about legality. It’s about identity, community, and whether one of the most important technologies in modern programming should belong to everyone or a single corporation. And the outcome could redefine the future of JavaScript as we know it.

The Lawsuit: How It Started

The lawsuit didn’t start in a courtroom but as a rallying cry from some of the most influential figures in the JavaScript community. In September 2022, Ryan Dahl, creator of both Deno and Node.js, and Brendan Eich, the very architect of JavaScript itself, published an open letter. Their message? Oracle had no rightful claim over the term "JavaScript," and it was time for them to give up the trademark.

The open letter resonated with many, as over 14,000 developers, including prominent figures in the tech world, signed it. It was a request to restore JavaScript as a public asset, free from corporate control. But Oracle remained silent. This wasn’t the first time their ownership of the trademark had upset the community, but this time, the stakes were higher.

Developers felt restricted by the legal uncertainty and confusion caused by Oracle's control over a term so deeply woven into the fabric of the web.

With no solid response, the conflict escalated. On November 22, 2024, Deno took a bold step and filed a petition with the United States Patent and Trademark Office (USPTO). The petition questioned Oracle’s claim, focusing on three key points:

1. JavaScript is a Generic Term:

   The petition argued that “JavaScript” is now a universally recognized term for a programming language defined by the ECMA-262 specification. Oracle’s connection to it? Nonexistent. The name had outgrown any corporate ownership, belonging instead to the global developer community.

   
   

2. Fraudulent Renewal:

   Deno accused Oracle of submitting fraudulent evidence to renew the trademark in 2019. Specifically, Oracle used screenshots from the Node.js website—a project Ryan Dahl himself created but entirely unrelated to Oracle—to claim commercial use of “JavaScript.” This, Deno argued, was not only misleading but a direct violation of trademark law.

   
   

3. Trademark Abandonment:

   Oracle’s involvement with the trademark was minimal at best. They hadn’t actively used it in commerce or contributed to the language’s development since acquiring it in 2009. U.S. law states that a trademark unused for three consecutive years can be considered abandoned.

   
   

The filing was a stand against corporate overreach. If Oracle wanted to retain the trademark, they would have to provide strong evidence by January 2025 to prove its active use—a tough challenge given the accusations of fraud and abandonment.

For decades, developers have nurtured this language, turning it into one of the most powerful tools on the web. The question now is: Should its name remain a corporate asset, or be given back to the community that helped it grow?

Predictions: The Endgame and Impact

The Deno vs Oracle lawsuit is a key moment that could define the identity of JavaScript for years to come. The result will have a big impact on the programming and web development world.

If Deno Wins

1. Freedom of Use: For years, the JavaScript community has been cautious about Oracle’s ownership. If Deno wins, this worry will disappear. Developers, teachers, and event organizers can use the term "JavaScript" freely without legal worries—no more “JSConf” or awkward “ECMAScript” names. JavaScript would truly belong to the people who made it a global success.

   
   

2. Empowering the Community: A win for Deno would be a win for open-source values. It would show that JavaScript is a shared resource, developed by people worldwide, not a company asset. This could inspire creativity and innovation, as developers feel free to explore without fear of crossing trademark boundaries.

   
   

3. Simplification of Terminology: No more mix-up between “JavaScript” and “ECMAScript.” The technical terms that have confused communication, especially for beginners, could become a thing of the past. Learning materials would be easier to understand, making JavaScript more welcoming for new developers.

If Oracle Wins

1. Continued Confusion:

If Oracle keeps the trademark, developers will have to keep dealing with legal uncertainties. Official documents would continue using "ECMAScript," a term unfamiliar to many, while community projects might avoid using "JavaScript" in their names. This would keep causing communication and learning challenges.

2. Frustration Within the Community:

The lawsuit shows Oracle's disconnect from JavaScript's growth. If Oracle wins, it could increase frustration among developers, making Oracle seem like an obstacle to progress. This could hurt collaboration and trust in the community.

3. Chilling Effects on Innovation:

Smaller companies and independent developers might hesitate to use "JavaScript" in their product names. This caution could limit creativity, leading to a more careful and less innovative environment, which is the opposite of what JavaScript stands for.

The Ripple Effects

The outcome won’t just impact naming rights. It will set a precedent for how open-source technologies balance corporate interests and community ownership.

• For the Open-Source Movement: If Deno wins, it would encourage other communities to challenge similar corporate claims, showing that working together can take back control of shared resources.

• For Corporate Accountability: If Oracle wins, it could remind companies of their influence over terms and tools that are industry standards. It might also lead to bigger talks about the ethics of owning trademarks for technologies used by the public.

Looking Ahead

No matter who wins, this case has started a discussion about what it means to own a part of programming history. But here’s the twist: JavaScript’s real legacy isn't in its name. It's in the hands of millions of developers who have built it, evolved with it, and made it what it is today.

The decision might change the ecosystem, but it won't change the spirit of JavaScript. That belongs to all of us.